You are booking with Stern 2 Sailing and entering a contract of charter. These terms and conditions form the bases of a charter contract with Stern 2 Sailing and yourself. By payment of deposit, both you and all persons named on the booking form automatically agree to the Terms and Conditions set out herewith, with the lead party member (Charterer) taking full responsibility for all persons named on the booking form.
A booking is only made when your deposit has cleared and confirmation of receipt has been given. The lead party member hereinafter is referred to as the “Charterer”. A non-refundable deposit of 50% of the charter fee for all bookings less than one week is required prior to booking confirmation. For all charters of one week or more and bareboat charter a 30% charter fee is required prior to booking confirmation. The remainder of the fee is due no later than 60 days before the charter start date. If booking of charter is within the 60 days prior to charter start date, then the whole sum of charter fee is due upon booking.
If for unforeseen circumstances it is necessary for you to cancel your booking it is Stern 2 Sailings hope that your losses will be as minimal as possible, by our insistence that all charterers take adequate insurance cover and or travel insurance. All cancellations must be from the Charterer in writing, cancellation will be official from date received. For cancellations received prior to 30 days before start date of charter will only result in loss of deposit. A cancellation received within the 30 days of start date will result in total loss of the full charter cost. In an exceptional circumstance such as cancellation by Stern 2 Sailing the Charterer will receive a full refund or the opportunity to transfer their charter with us to the next available date. Stern 2 Sailing is only responsible to return the value of monies paid to Stern 2 Sailing, we are also not liable for any additional costs and expenses either directly or indirectly resulting from the cancellation of charter be it alternative holiday arrangements, travel, flights, accommodation etc.
4. Change of charter date.
Stern 2 Sailing has no obligation to the Charterer to change the date of the charter or pick up point ones booked. Only at Stern 2 Sailings own discretion may a charter date be changed from that stated on the booking form. In the event an agreement is made for the transfer of charter date, the Charterer is required to pay any difference in price of charter and an admin fee of £80.
5. Damage or Loss of Equipment.
The Charterer is responsible for all damages or losses attributed to negligence, carelessness or act of intent caused by themselves or a member of the charter party. The cost of repair or replacement will be paid by the Charterer. Stern 2 Sailing takes no responsibility for any personal items brought onboard, all items are brought onboard at the Charterers own risk. Stern 2 Sailing is also not responsible for any loss, damage, or malfunction to personal effects such as clothing, electronic devices, watches, rings, glasses, foot wear etc.
6. Alcohol & Drug Use.
Stern 2 Sailing has a zero tolerance policy to the use of illegal drugs, narcotics & any substances that could be described as a legal high, any possession, use or attempted purchase and use of the above both onboard or ashore shall not be tolerated and result in the immediate termination of charter and charter contract. Stern 2 Sailing understands that while on holiday many people like to partake in an alcoholic beverage, but at no point in time should any persons onboard be intoxicated. It is the skippers/ Charterers responsibility to remain sober at all times while out of port. Stern 2 Sailing is held harmless and without any liability for any and all incidences, injury, damage, accidence or death in relation to directly or indirectly to the consumption or use of alcohol or drugs.
A. Stern 2 Sailing is only obliged to offer you a yacht for charter that meets with all regulations to the flag state in which it is operating in with adequate third-party insurance for that state.
B. Should, due to unseen circumstances the yacht advertised not be available, Stern 2 Sailing reserves the right to substitute the yacht advertised for a yacht of similar size and specification.
C. Stern 2 Sailing is not responsible for adverse weather conditions or the subsequent loss of sailing days or time spent out on the water due to bad weather or strong winds. Should the Charterer suffer the loss of five or more sailing days in one week then Stern 2 Sailing will offer a refund of the charter fee up to a maximum of 70% for that week’s charter fee or the opportunity to be credited with a one week charter on an agreed date only.
D. The Charterer must report as soon as is possible any and all damages, break downs, losses, machinery & gear failures, collisions, groundings, injury’s & disputes to Stern 2 Sailing at time of event.
E. The Charterer is responsible for all port fees while on charter.
F. End of charter cleaning is included in all charters fees providing the yacht is returned at the end of charter in a tidy and reasonable condition. At our discretion should it be deemed necessary, a cleaning fee of 100 Euros will be chargeable by the Charterer.
8. Skippered Charter & day trips.
In addition to the above it is the Charterer’s understanding that any day trip is a one day charter and under full compliance of the Terms and Conditions. Although the skipper oversees responsibility for the yacht the skipper is not responsible for the actions of the Charterer or any of the charter party. The skipper shall at all times be held harmless for all claims or liabilities for personal injury or death, property damage and emotional upset related directly or indirectly to the charter of the yacht or that of the charterer and or charter party. The skipper’s decision on all matters is final, failure to comply with the skipper’s instructions is a breach of contract and may result in termination of the charter contract.
9. Bareboat Charter.
A. In addition to the above the Charterer and or their nominated skipper must hold on their person suitable sailing certificates to verify that they are competent to handle such a yacht, it may also be required to prove sailing experience to Stern 2 Sailing on request.
B. Charterers must inform Stern 2 Sailing of their intentions with regards to sailing and overnight stopping.
C. You are not permitted to sail between the hours of sunset and sunrise, unless prior consent has been given. D. Stern 2 Sailing reserves the right to take Charterers on a short familiarisation trip if they appear to be lacking in experience on the craft they are chartering and to provide a skipper at the Charterers expense if this is felt necessary.
E. Stern 2 Sailing reserves the right to refuse to hand over any yacht to anyone who in Stern 2 Sailings opinion is not suitable to take charge.
Our Insurance has comprehensive cover for the yacht and its equipment, third party liabilities, recovery costs and marine pollution as required by law. Third party liabilities do not cover any persons onboard in connection with hire, payment or reward. All guests, Charterers and charter party members must arrange for their own sufficient insurance cover prior to charter with regards to injury, loss of life and damages to property. Most standard travel insurances will cover this, but it’s the Charterers responsibility to check the terms of their insurance to ensure the suitability or cover for the activity of sailing/ holiday.
Any breach of the terms and conditions by any guest, client, Charterer and or persons named on the booking form shall be a breach of contract. In the event of a breach of contract the contract shall be null and void and herewith release Stern 2 Sailing of any and all responsibility towards the Charterer. Stern 2 Sailing is at no point liable for any cost incurred by the Charterer or any party members and or guest, be it directly or indirectly involved with their holiday/ Charter regardless of fault.
Stern 2 Sailing is a trading name of- LEPPARD, IAN RICHARD GERALD